As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 37 5
1997-1998 6
REPRESENTATIVES BATEMAN-THOMPSON-HAINES-LUCAS-THOMAS-OGG- 8
SAWYER-MOTTLEY-TAYLOR-TERWILLEGER-CORBIN-BENDER-FOX 9
11
A B I L L
To enact section 2921.38 of the Revised Code to 12
create the offense of harassment of an employee 13
by an inmate. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 2921.38 of the Revised Code be 17
enacted to read as follows: 18
Sec. 2921.38. (A) NO PERSON WHO IS CONFINED IN A 20
DETENTION FACILITY, WITH INTENT TO HARASS, ANNOY, THREATEN, OR 22
ALARM ANOTHER PERSON WHOM THE PERSON KNOWS OR HAS REASON TO KNOW 23
IS AN EMPLOYEE OF THE DETENTION FACILITY OR OF THE DEPARTMENT, 24
POLITICAL SUBDIVISION, OR OTHER ENTITY THAT OPERATES THE
DETENTION FACILITY, SHALL CAUSE OR ATTEMPT TO CAUSE THE EMPLOYEE 25
TO COME INTO CONTACT WITH BLOOD, SEMEN, URINE, FECES, OR ANOTHER 26
BODILY SUBSTANCE BY THROWING THE BODILY SUBSTANCE AT THE 27
EMPLOYEE, BY EXPELLING THE BODILY SUBSTANCE UPON THE EMPLOYEE, OR 28
IN ANY OTHER MANNER.
(B) NO PERSON WHO IS CONFINED IN A DETENTION FACILITY, 30
WITH KNOWLEDGE THAT THE PERSON IS A CARRIER OF THE VIRUS THAT 32
CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME, IS A CARRIER OF A 33
HEPATITIS VIRUS, OR IS INFECTED WITH TUBERCULOSIS, AND WITH 34
INTENT TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON WHOM 36
THE PERSON KNOWS OR HAS REASON TO KNOW IS AN EMPLOYEE OF THE 37
DETENTION FACILITY OR OF THE DEPARTMENT, POLITICAL SUBDIVISION, 38
OR OTHER ENTITY THAT OPERATES THE DETENTION FACILITY, SHALL CAUSE 39
OR ATTEMPT TO CAUSE THE EMPLOYEE TO COME INTO CONTACT WITH BLOOD,
2
SEMEN, URINE, FECES, OR ANOTHER BODILY SUBSTANCE BY THROWING THE 40
BODILY SUBSTANCE AT THE EMPLOYEE, BY EXPELLING THE BODILY 41
SUBSTANCE UPON THE EMPLOYEE, OR IN ANY OTHER MANNER. 42
(C)(1) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 44
HARASSMENT OF AN EMPLOYEE BY AN INMATE. 45
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 47
VIOLATION OF DIVISION (A) OF THIS SECTION IS A FELONY OF THE 48
FIFTH DEGREE. A VIOLATION OF DIVISION (A) OF THIS SECTION IS A 49
FELONY OF THE FOURTH DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH 50
THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF 51
THE VIOLATION IS A FELONY OF THE THIRD DEGREE OR, IF THE PERSON 52
WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT
CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER 53
DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE 54
A FELONY OF THE THIRD DEGREE IF COMMITTED BY AN ADULT. A 55
VIOLATION OF DIVISION (A) OF THIS SECTION IS A FELONY OF THE 56
THIRD DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER
WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE 57
VIOLATION IS AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST 58
OR SECOND DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN 59
ALLEGED OR ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR 60
WHICH THE PERSON WAS UNDER DETENTION AT THE TIME OF THE
COMMISSION OF THE VIOLATION WOULD BE AGGRAVATED MURDER, MURDER, 61
OR A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN 62
ADULT.
(3) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, A 64
VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE 65
FOURTH DEGREE. A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 66
FELONY OF THE THIRD DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH 67
THE OFFENDER WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF 68
THE VIOLATION IS A FELONY OF THE SECOND DEGREE OR, IF THE PERSON 69
WAS UNDER DETENTION AS AN ALLEGED OR ADJUDICATED DELINQUENT
CHILD, THE MOST SERIOUS ACT FOR WHICH THE PERSON WAS UNDER 70
DETENTION AT THE TIME OF THE COMMISSION OF THE VIOLATION WOULD BE 71
3
A FELONY OF THE SECOND DEGREE IF COMMITTED BY AN ADULT. A 72
VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE 73
SECOND DEGREE IF THE MOST SERIOUS OFFENSE FOR WHICH THE OFFENDER 74
WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE
VIOLATION IS AGGRAVATED MURDER, MURDER, OR A FELONY OF THE FIRST 75
DEGREE OR, IF THE PERSON WAS UNDER DETENTION AS AN ALLEGED OR 76
ADJUDICATED DELINQUENT CHILD, THE MOST SERIOUS ACT FOR WHICH THE 77
PERSON WAS UNDER DETENTION AT THE TIME OF THE COMMISSION OF THE 78
VIOLATION WOULD BE AGGRAVATED MURDER, MURDER, OR A FELONY OF THE 79
FIRST DEGREE IF COMMITTED BY AN ADULT.
(D)(1) WHEN A PERSON IS INDICTED FOR AN OFFENSE UNDER THIS 81
SECTION, THE COURT SHALL ORDER THE PERSON TO SUBMIT TO ONE OR 82
MORE TESTS DESIGNATED BY THE DIRECTOR OF HEALTH UNDER SECTION 83
3701.241 OF THE REVISED CODE TO DETERMINE WHETHER THE PERSON IS A 84
CARRIER OF A VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY SYNDROME 85
AND TO SUBMIT TO TESTS TO DETERMINE IF THE PERSON IS INFECTED 86
WITH A HEPATITIS VIRUS OR WITH TUBERCULOSIS. WITH RESPECT TO THE 87
TEST FOR THE VIRUS THAT CAUSES ACQUIRED IMMUNODEFICIENCY 88
SYNDROME, THE COURT SHALL FOLLOW THE PROCEDURE FOR TESTS OF THAT 89
NATURE SPECIFIED IN DIVISION (B)(1)(b) OF SECTION 2907.27 OF THE 91
REVISED CODE. THE COURT SHALL REPORT THE RESULTS OF THE TESTS TO 92
THE PROSECUTOR IN THE CASE. THE TEST RESULTS MAY BE USED AS THE 93
BASIS FOR A CHARGE UNDER DIVISION (B) OF THIS SECTION AND AS 94
EVIDENCE IN THE TRIAL OF THE CHARGE.
(2) THE COURT SHALL CHARGE THE OFFENDER WITH THE COSTS OF 96
THE TEST OR TESTS ORDERED UNDER DIVISION (D)(1) OF THIS SECTION 97
UNLESS THE COURT DETERMINES THAT THE ACCUSED IS UNABLE TO PAY, IN 98
WHICH CASE THE COSTS SHALL BE CHARGED TO THE ENTITY THAT OPERATES 99
THE DETENTION FACILITY IN WHICH THE ALLEGED OFFENSE OCCURRED. 100
(E) AS USED IN THIS SECTION: 102
(1) "DETENTION" HAS THE SAME MEANING AS IN SECTION 2921.01 104
OF THE REVISED CODE, EXCEPT THAT IT DOES NOT INCLUDE 105
HOSPITALIZATION, INSTITUTIONALIZATION, OR CONFINEMENT IN A 106
FACILITY OPERATED BY THE DEPARTMENT OF MENTAL HEALTH OR THE
4
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES 107
OR CONFINEMENT IN A VEHICLE FOR TRANSPORTATION TO OR FROM A 108
FACILITY OF THAT NATURE.
(2) "EMPLOYEE" INCLUDES, BUT IS NOT LIMITED TO, A PERSON 111
WHO IS RENDERING MEDICAL, NURSING, DENTAL, PODIATRIC, OPTOMETRIC, 112
PHYSICAL THERAPEUTIC, PSYCHIATRIC, OR PSYCHOLOGICAL SERVICES TO
ANY PERSON IN A DETENTION FACILITY PURSUANT TO A PERSONAL 113
SERVICES CONTRACT OR PURCHASED SERVICE CONTRACT. 114